Section 37-1-7401-01000-101 These rules apply to the competitive bidding process for projects administered by the Mississippi Department of Transportation Contract Administration Division from Advertising of the project to Execution of the contract. These rules relative to the Federal Highway Administration's Program Administration Contract Administration Core Curriculum Participant's Manual and Reference Guide as amended, The Mississippi Standard Specifications For Road and Bridge Construction as amended, The Mississippi Code of 1972 as amended, the Code of Federal Regulations as amended and Title 23 of the United States Code as amended will be adhered to at all times. Sections and Laws noted are not all inclusive. When reference is made to a regulation, specification or code, such means the latest version of such.
1.Method of Construction - actual construction work shall be performed by contract awarded by competitive bidding; unless as provided in Title 23 Sec. 635.104 of the Code of Federal Regulations as amended.2.Advertising/Notice to Contractors - the rule conforms to Sec. 102.001 Mississippi Standard Specifications for Road and Bridge Construction, Sections 31-7-13, subsection (c)(i) and 65-1-85 of the Mississippi Code of 1972 as amended, Title 23 Sec. 635.112 of the Code of Federal Regulations as amended and as noted in the Federal Highway Administration's Program Administration Contract Administration Core Curriculum Participant's Manual and Reference Guide Section III. (As applicable) 3.Prequalification of Bidders - the rule conforms to Sec. 102.01 Mississippi Standard Specifications for Road and Bridge Construction, as amended, and Title 23 Sec. 635.110 of the Code of Federal Regulations as amended; and Section 65-1-85 of the Mississippi Code of 1972 as amended.4.Proposal Sales and/or Distribution - Proposals may be viewed and downloaded at no cost at http://mdot.ms.gov, or purchased according to terminology in the advertisement for each project. Sections 102.02 and 102.03 of the Mississippi Standard Specifications for Road and Bridge Construction, as amended, are to be noted for this rule.5.Addenda to Proposal - the rule conforms to Sec. 102.06 and Sec. 102.07 subsection (e) of the Mississippi Standard Specifications For Road and Bridge Construction, as amended, Section 31-7-13, subsection (c) (ii) of the Mississippi Code of 1972 as amended, Title 23 Sec. 635.112 of the Code of Federal Regulations as amended and as noted in the Federal Highway Administration's Program Administration Contract Administration Core Curriculum Participant's Manual and Reference Guide Section III. Contractors who have been approved to bid will be notified electronically of any addenda issued prior to the letting date. The contractor will need to apply the electronic addenda to the bid file.6.Letting Process - the rule conforms to Sec. 102 Mississippi Standard Specifications For Road and Bridge Construction as amended, Sec. 31-3-21 of the Mississippi Code of 1972 as amended and Title 23 Sec. 635.113 Code of Federal Regulation as amended. Bids are received in accordance with the terminology noted in the advertisement/Notice to Contractors. Bids are read in accordance with Mississippi Transportation Commission Order dated 12-5-2002, found at Minute Book 9, Page 1225 of the Official Minutes of the Mississippi Transportation Commission (opening and reading construction bids publicly) and Title 23 Section 635.113Code of Federal Regulations as amended, however, irregularities (some noted in Sec. 102.07 Mississippi Standard Specifications For Road and Bridge Construction, as amended and Title 23 Sec. 635.113 Code of Federal Regulations as amended and as noted in the Federal Highway Administration's Program Administration Contract Administration Core Curriculum Participant's Manual and Reference Guide Section IIP) in the bid submitted by the contractor may result in the bid submission being rejected. To avoid irregular bids, contractors should comply with the Bidder Check List in the bid file. Bid Bonds are required in accordance with Sec. 102.08 of the Mississippi Standard Specifications for Road and Bridge Construction, as amended.7.Award and Execution of Contract - the rule conforms to Sec. 103 of the Mississippi Standard Specifications for Road and Bridge Construction as amended, Sections 31-7-13 & 65-1-85 of the Mississippi Code as amended and Title 23 Sec. 635.114 Code of Federal Regulations, and Title 23 Section 112 United States Code as amended and as noted in the Federal Highway Administration's Program Administration Contract Administration Core Curriculum Participant's Manual and Reference Guide Section III. Generally, awards are made at the first Commission meeting after the bid opening; however, concurrence in award is a prerequisite to Federal participation of Federal-aid contracts in construction costs and is considered as authority to proceed with construction, unless specifically stated otherwise. Once the Commission makes the award and concurrence from Federal Highway Administration (if required) is obtained, the department will mail notification of award. The Contractor receiving the award will receive other documentation that is required to be executed and submitted back to the department to analyze for completeness before a Notice to Proceed with construction can be issued. If the documentation submitted back to the department is appropriate and accurate, the contract will be executed by the Executive Director, which is what actually makes it a valid contract and the Contractor will be issued a Notice to Proceed with construction. Section 103.08 and 108.02of the Mississippi Standard Specifications for Road and Bridge Construction as amended, explains the consequences for the contractor failing to execute and return said documents.37 Miss. Code. R. 1-7401-01000-101